SKRIPSI
PEMBAGIAN WASIAT DARI ORANG TUA TIRI TERHADAP ANAK TIRI DALAM PERSPEKTIF INSTRUKSI PRESIDEN NOMOR 1 TAHUN 1991 TENTANG KOMPILASI HUKUM ISLAM
A will is defined as a gift from one person to another person in kind, and a
claim that must be received by the beneficiary from the testator after the testator
dies. A stepchild is the child of a husband or wife from a marriage to a previous
wife or husband. In Islamic inheritance, stepchildren are only related by blood to
their biological father and mother, not to their father or stepmother. The issues
raised in this writing, namely How is the position of stepchildren in the
distribution of wills from stepparents, How is the distribution of wills from
stepparents to stepchildren, and How are efforts to solve problems in the case of
the distribution of wills from stepparents to stepchildren.
The research method using the descriptive analytical method is a method
of collecting data and samples. The method of approach using normative juridical
is to investigate the relationship between laws and regulations with the problems
studied. The research stage includes finding a problem in the surrounding
community, then formulating the problem, and finally determining the research
objectives of the problem. Data collection techniques are literature research in the
form of theoretical conceptions, laws and regulations, literature, books, and
scientific writings. In addition to literature research, the study used interviews
with related parties. Library Data Collection Tools, using laptops, mobile phones,
notebooks, pens. Field Data Collection Tools, using mobile phones to record
sound, cameras for documentation. Data analysis used is qualitative juridical
carried out by examining theoretical approaches, concepts, and laws and
regulations.
The results showed that based on the will given to stepchildren by judges
of first instance there was a difference of opinion with the Compilation of Islamic
Law. In article 171 letter (c) the heir is a deceased person who has a blood
relationship with the heir. So that the judges' considerations at the Appeal and
Cassation level can better guarantee legal certainty and justice for the parties.
The position of the stepdaughter does not get a share of the inheritance from his
stepparents. However, stepchildren get a share by way of a will from their
stepparents. In the distribution of the will of the stepchild on condition that it does
not exceed 1/3 (one-third) of the estate of his stepparents. Efforts to resolve
problems can be done through the results of the judge's consideration.
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